TERMS OF SERVICE
This Terms of Service was published on 18th January 2024.
WE HEREBY SPECIFICALLY DRAW YOUR ATTENTION TO CLAUSE 11(M), CLAUSE 3(B) AND CLAUSE 3(J)OVERVIEW AND INTRODUCTION
We are Space That Inspires Limited, (Hereinafter referred to as “Space That Inspires” “we” “our platform” and “us”) a company registered in the United Kingdom. Regarding any issue related and connected to this Terms of Service, we can be contacted at the information contained in our Contact Us page. We will endeavour to respond to your email timeously. Please be informed that we can only give clarifications and explanations when contacted. We are not able to provide legal advice. By using our Website, services and Platform, You agree to be bound by this Terms of Service, our Privacy Policy and our Cookies Policy In addition to these, You agree to be bound to additional policies applicable to any of our services, its functionality and contents. These terms are incorporated by reference.These Terms of Service govern and regulate your use of our Platform and services, by using our Platform, you consent to these terms and are bound by them. Please kindly read these terms carefully. These Terms override any previous communication or agreement with Space That Inspires in relation to any of our services and Platform.
DEFINITIONS AND INTERPRETATIONS.
As used in this Terms of Service, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:Agreement or Contract - means your contract for the use of our Services and/or the use of our Website. As regarding your use of Our Services, more details are provided in Clause 3;Account - means a registered profile needed for access and use of our Services, please see Clause 4 for more details.Bookings - means a request for our consultancy Services. Dashboard or Account Page - A page on our Website where Users can control some of their activities on our Website.E-books - means a digital material on our platform that centres around or is related and connected to architecture or building matters.Our Content - includes those contents provided to Users by Us, which is related to or connected with our products, services and activities on our Platform. Payment - includes any monies paid to us by any User in respect of products and services made available on or delivered through our Platform. Party - means either User as defined in 2(r) or Space That Inspires as defined in 2(o).Parties - means both Users defined in 2(r) and Space That Inspires as defined in 2(o).Platform - Includes all avenues in which our services can be accessed and used. This includes but is not limited to https://www.spacethatinspires.co.uk/, and any of our Services, etc.Registered Users - Users that have registered an account on our Platform. Services - includes anything related to and connected with Space that Inspires including our consultancy Services, E-books and any other services available on our Platform. Session or Sessions: means a consultancy session paid for by a Client which has been booked on our Platform Session Fees - means such amount paid for a Session.Space that Inspires or We - means Space that inspires Limited, a company registered and located in the United Kingdom which can be contacted on our Contact Page. Client or Clients - includes User who purchases a product or a Service on our PlatformTerms of Service - means this “Terms of Service” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by Space That Inspires in accordance with the provisions of this Terms of ServiceUser or Users - any User of our Platform including but not limited to Website Visitors, Clients, Registered User(s) or any person using our Services or Platform for whatsoever reason. User Content - means any content provided by the persons who fall under the category in 2(o) above.Website or Platform - https://www.spacethatinspires.co.uk/ and all of our services.You or Your - means the same thing as “User” as described in 2(o)2.1 References. Any reference to a statutory provision shall be construed as a reference to: Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;All statutory instruments or orders made pursuant thereto; andAny statutory provisions of which that statutory provision is a re-enactment or modification.Any reference to a document or this Terms of Service shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Service but excluding any amendment replacement, notation or supplement made in breach of this Terms of Service.Any reference to a party, (who can either be Users or Space That Inspires collectively and individually) to this Terms of Service includes a reference to that Party’s successors and permitted assigns.Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Service or used in the interpretation of any Article hereof.Words denoting the singular shall include the plural and vice versa.Words denoting persons shall include corporations, partnerships, sole traders firms and organisations and vice versa.Words denoting any gender shall include all genders.
OUR SERVICES AND THE USE OF OUR PLATFORM.
Space That Inspires is an online architecture consultancy providing architectural advice and e-books materials to consumers based on previous professional experience and in accordance with English planning laws and frameworks.
THE RESPONSES GIVEN BY US IN OUR SESSIONS ARE THE INFORMED OPINIONS OF SENIOR PROFESSIONALS IN THE DESIGN AND CONSTRUCTION INDUSTRY, THEY ARE BASED UPON INFORMATION PROVIDED REMOTELY BY THE CLIENT AND INFORMATION WHICH IS AVAILABLE ONLINE. WE ARE ONLY A VIRTUAL CONSULTANCY PLATFORM. THE DESIGNS AND ADVICE DO NOT CONSTITUTE ACCURATE PLANS OR ARCHITECTURE ADVICE, AND ANYONE WISHING TO MOVE FORWARD WITH A BUILDING PROJECT MUST FOLLOW THE CORRECT PROCEDURES, WHICH CAN BE ADVISED AT THE TIME OF THE CONSULTATION. WE TAKE NO RESPONSIBILITY FOR ANY ADVICE OR DESIGNS PROVIDED ONLINE, THESE ARE PROVIDED FOR INSPIRATION AND GUIDELINES ONLY.
To access our services, you must have an account and must have either purchased an e-book or made a Booking.It is Your responsibility to read the information on the relevant webpage in order to make an informed personal decision about whether to purchase an e-book or not. As a Client, you are responsible for making a decision regarding the suitability of any of our Services you choose to purchase. You acknowledge that the Website is an evolving one and that the form and nature of the Website, including the Services, may change from time to time. We will take all reasonable steps to ensure that access to our Services is available at all times. We will inform you if we need to carry out an upgrade or restrict access to our services for a period of time for maintenance purposes. You agree that we do not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Website.If you have any questions or complaints regarding Our Service, you can reach us through the information contained in our Contact Us Page. You warrant that you will not record or reproduce the dissemination of the consultancy session in any way without our written permission.
YOU HEREBY AGREE THAT NEITHER OUR SERVICE, OUR WEBSITE, NOR ANY PART OF OUR WEBSITE CONSTITUTES ADVICE OR SUGGESTION. THEY ARE JUST GENERAL INFORMATION PUT OUT FOR INFORMATION PURPOSES ONLY.
We make no representation, warranty, or guarantee that our Website or Service will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We will take reasonable steps to ensure that our Content and Service is functional and that it works; however , we do not make any express or implied warranty, guarantee or representation that it will be functional and up to date. We are not responsible for any user content and those content do not reflect our opinion or values. Users are only allowed to use our Service in a legal and fair way. Usage should only be in a manner that protects our intellectual property and our commercial interests.Users warrant that our Services will not be used for any manner that:insinuates or portrays association or connection with us including but not limited to the use of our logo, trademark or name without our expressly written permission. is connected to explicit contents, illegal contents, discriminatory or hate contents.promotes violence;facilitates illegal or criminal activities;infringes on the privacy and/or rights of another person;You agree to not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website. You agree that you will not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website, or attack our Website by any means.You must not engage in activities that are detrimental to our Website or its functionality. You shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other User’s Content, reverse engineer or take apart our Services or Website.By using our Services, you agree to indemnify, hold harmless and defendSpace that Inspires and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) use and/or misuse of the Website, including without limitation any information, Content and/or materials thereon; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) misstatements and/or misrepresentations; (h) use of links to third party websites, including without limitation such websites' availability, Terms of Service, privacy policy, information, Content, materials, advertising, products and/or services; (i) User information and any acts or omissions with respect to such User information; (k) use of third-party payment processing services; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by Us in the defence of such claims. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not in any event, settle any claim or matter on our behalf without our written consent.We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform. Access to the Website is on an “as available” basis. We may amend, suspend or discontinue our Website (or any part of it) at any time and without prior notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period. We do not warrant that the Website or any of its functions will be uninterrupted or error-free or that defects will be corrected, or that any part of this Website or the server that makes it available are free of viruses or other harmful components.
USING OUR WEBSITE, YOUR ACCOUNT AND SECURITY OF YOUR ACCOUNT
We give to all our Users a limited, non-exclusive, non-transferable, and revocable license (“the License”) to use our Platform and services. However, this right of use is subject to this Terms of Service and the following restrictions:Users in the United Kingdom or the European Economic Area (EEA) must be 18 years old to use our Platform and services. For minors outside the EEA who are between the age of 13 and 18, the use of our Platform or any of our services must be through the use of an account owned and operated by a parent or legal guardian. The parent must also provide affirmative consent and supervise the use of their account. Users are solely responsible for any use of their account by a minor. By using our Platform, you hereby confirm that you are of the required age as stated in 4(a). A breach of this term constitutes a fundamental breach of this Terms of Service. To use our Services, you need to have opened an account with us when you are making an Order.We collect selected information when registering an account with us. The safety and protection of your information are managed in accordance with our Privacy Policy. You are obligated to provide accurate and complete information when registering an account on our Website or when interacting with us through any means whatsoever. It is your responsibility to provide accurate information to us at all times. You must ensure that your account is updated and accurate at all times. You are responsible for your account. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to [contact@spacethatinspires.co.uk]. Space that inspires is not liable for any loss or damages from any unauthorised use of your account by another person. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.As a User, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other Users.You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties. Should your account be banned by Us, you are not entitled to create a new account to access the Website.We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Website. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Website.Users can delete their account and thereby permanently terminate their access to our Services by sending us an email at [contact@spacethatinspires.co.uk]. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our privacy policy for more information. You agree that we are not responsible for any loss or damages arising from the failure to comply with clause 4(a) - 4(x) above. We may terminate, suspend or take any action against your account for violation of any Terms of Use. You are obligated to provide accurate and complete information when registering an account on our Platform or when interacting with us through any means whatsoever (including but not limited to entering into a purchase transaction, downloading a course PDF, completing a website contact form or through email). It is your responsibility to provide accurate information to us at all times. If, as a User, you make a purchase from us, you must ensure that your account is updated and accurate at all times. You are responsible for your account. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to [contact@spacethatspires.co.uk]. Space That Inspires is not liable for any loss or damages from any unauthorised use of your Account by another person. To use certain parts of our Platform, you will be required to login with your email and password. The information you enter is protected in line with our Privacy Policy. You warrant that the email selected for registration is not offensive.You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.As a User, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other Users.Users who have purchased a product from us can delete their account and thereby permanently terminate their access to these products by using the delete function in the User Profile area within the Members Area of the website. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our privacy policy for more information. As a User you must refrain from carrying out criminal activities, violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Service and all our other policies. You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties. Should your account be banned by Us you are not entitled to create a new account to access the Website.We are not responsible for any loss or damages arising from the failure to comply with clause 4(a) - 4(x) above. We may terminate, suspend or take any action against your account for violation of any Terms of Service.
HOW YOUR ORDER CONTRACT IS FORMED BETWEEN YOU AND US.5.1 After creating an account with us, you can continue by making an order. You will be guided through this process on our Website and You will be allowed to review and amend your Order at checkout. It is your responsibility to ensure that you check the Order details so please check it carefully before you complete your Order. 5.2
BOOKINGS ORDERS.
When you place a Booking Order for a session with Us, you will receive a confirmation of Order email. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to purchase our Service. All orders are subject to availability and acceptance by us. We reserve the right to reject any Order for any reason we deem fit. The order rejection notice will be communicated to you.Our booking confirmation will include details of your bookings, the booking fees, including VAT and other miscellaneous fees disclosed to you at the checkout point, the date and time of your appointment, the steps to follow for your appointments and the document to provide, a link for the consultancy service and other miscellaneous information needed to carry out the consultancy services to you.Please note that no Part of our Service, Website or Content is contractually capable of accepting your Order offer. Therefore our acceptance will be with a Confirmation notice which will be sent to you by email. Please note that your Order will not be processed until payment for the Order has been received in full in the manner stipulated in Clause 65.3
E-BOOK ORDERS.When you place an Order for an E-Book on our Platform, you will receive a confirmation of order email. The downloadable e-book will be made available to you immediately after payment has been made. Please note that your Order will not be processed until payment for the Order has been received in full in the manner stipulated in Clause 6By purchasing an e-book you are expressly requesting that you wish access to the e-book to be made available to you immediately (you will be required to acknowledge this at checkout). As a consumer, this will result in your right to cancel during the "cooling-off' period being lost. Please be aware that We do not offer any e-book services that do not begin immediately. For more details of your rights as a Consumer, please kindly see Clause 7.
PAYMENT PROVISIONS.
Payment shall be made by You using the mediums and payment channels stipulated on our Platform. Our Payment medium includes but is not limited to Paypal. Please note that unless a payment channel is available on our Platform, they are not acceptable to us. Please note that the use of any payment medium might attract extra charges from the payment provider, this will be communicated to you before the payment medium is used. You will pay for such additional charges. Data registered and saved by Us act as proof of Order and of all transactions done.Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount of your Order.We reserve the right to modify the prices at all times but the prices invoiced to You are those applicable on the date of the Order. It is always possible that, despite our best efforts, some of the services and e-books listed on our website may be incorrectly priced. We will normally verify prices prior to acceptance so that, where a service or e-book correct price is less than our stated price, we will charge the lower amount. You agree that if a service or e-book’s correct price is higher than the price stated on our Platform, we will normally, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection.You hereby also agree that We are under no obligation to provide the service or e-book to you at the incorrect (lower) price, even after we have sent you a confirmation notice if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.There are circumstances where we offer rewards, discounts or promotion codes. Please note that discounts are subject to the provisions of Clause 9If you become aware of fraudulent use of your payment information on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with the applicable reporting rules.
CANCELLATION AND YOUR RIGHTS AS A CONSUMER.
7.1 BOOKING ORDERS.Your Booking Order can be cancelled within 14 days of the confirmation date and a full refund (net of any defrayed, non-refundable expenses incurred) will be made to your original medium of Payment. If the period between performance and the Booking date is less than 14 days, then the Booking order can only be cancelled if such cancellation is made 48 hours before the Session. In case of any cancellation request after 48 hours, you are still liable to us for the entire Session Fees. Regardless of the Cancellation, unless it is in line with the provisions set out in this 7.1, we are entitled to receiving the entire Session Fees. Sessions may only be cancelled by you in accordance with Clause 5. If you fail to attend all or part of any Session, you are still liable to us for the entire Session Fees. 7.2
E-BOOK ORDERS.You agree that our e-books are digital contents and by taking the delivery of them immediately at purchase, you have waived your right to the 14 days cooling off period.
SPACE THAT INSPIRES’ UNDERTAKINGS, RIGHTS AND OBLIGATIONS.
In no event shall Space That Inspires be liable to any user of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorised access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.As a Consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Service. These are that (i) any services provided by us must be provided with reasonable care and skill and in compliance with information provided by IJs. If We fail to do so, you may be entitled to require Us to re-perform or fix the problem or, if We cannot provide such a remedy, you may be entitled to a full or partial refund.
DISCOUNTS
From time to time, we may offer “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Website, subject to certain exclusions or any other restrictions as may be determined and communicated by us.Only valid offer codes provided or promoted by Us will be honoured at checkout. Codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per Order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The value of any offer code will not be refunded or credited back if any part of our Service is unavailable. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
INTELLECTUAL PROPERTY MATTERS.
Space that Inspires’ Intellectual Property – Our Content, Service, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, trademark and all other available protections under the Laws of England and WalesAll intellectual property rights in or arising out of or in connection with the Services and E-books, including any associated materials and are owned by us. No reproductions, scans or copies (wholly or in part) shall be made of the e-books and services without our prior written consent. By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our Platform unless you get written permission from us.We have the right and discretion to limit or revoke this limited license to use.
Users’ Intellectual Property - You grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right to use of content to Space That Inspires who can exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. The foregoing grant shall include the right to exploit any proprietary rights in such submission or posting, including but not limited to rights under copyright and trademark under any relevant jurisdiction. Also, in conjunction with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name as we deem appropriate.Space that inspires is hereby granted the right to edit, amend, make changes, translate, format or even delete any Users’ Content as it deems necessary and appropriate. You covenant, represent and warrant that they have the right and licence to confer the rights in 9(e) and 9(f) on Space that inspires. You also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights. As a User, you further warrant that Space that Inspires is not required to obtain any license, consent, make any payment or obtain any permission from any third party to use any of your Content on our Platform. You agree that Space that Inspires does not have any liability for the use of any of your content.
MISCELLANEOUS PROVISIONS.
Unsolicited Idea – You agree that all unsolicited comments and advice are non-confidential and non -proprietary and they form part of your Content. An irrevocable, worldwide, transferable and royalty-free license to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to Space that Inspires. Severability - In the event that any provision of this Terms of Service is held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid with the invalid and unenforceable parts severed from the remainder of this Terms of Service. Amendment - We may update these Terms of Service from time to time by publishing a new version on our Website. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Service. At our discretion we may notify you of changes to this policy by email or through email or any other choice of communications as set by you. Notices - Unless otherwise stated in this Terms of Service or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. For Space That Inspires, the applicable email address is contact@spacethatinspires.co.uk unless another email address is provided on the relevant page on our Platform or this Terms of Service. For a User, the email address will be the email address provided when registering for an account or contacting us. Waiver - No single or partial exercise of a right or remedy provided by this Terms of Service or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Service does not constitute a waiver of a subsequent or prior breach of this Terms of Service. Relationship Of The Parties - This Terms of Service is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Service. Nothing in this Terms of Service or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Service or any legal entity between the Users and Space That Inspires or any ongoing or continuing relationship or commitment between the Users of Space That Inspires, other than as specifically set out in this Terms of Service. Indemnity – You agree to indemnify and hold harmless Space That Inspires, its successors and assigns, from and against all losses, costs and other damage caused by you, his/her profile or any activity that is related or connected to the use of our Platform. Governing Law - This Terms of Service, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales. Dispute Resolution - Notwithstanding the provisions of 9(j) for any and all grievances, disputes, claims, or controversies you may have against Space That Inspires (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to contact@spacethatinspires.co.uk with the subject “Dispute Notice”. The email should contain your name, your email address as registered on your account (if you have no account, please state that), a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance to (j). Subject to 9(i), the parties agree that any dispute arising out of or in connection with this Terms of Service or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.Class Action Waiver – The Parties agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither Party will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either Party acts or proposes to act in a representative capacity. The Parties further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the Parties, and all other parties to any such proceeding.Warranty - We have no fiduciary duty to You. Our Website, services, Content, User Content, and any other related materials are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. This no warranty includes but is not limited to implied warranties of merchantability, quality or fitness for a particular purpose, non-infringement or Course of performance. This no-warranty clause is exercisable to the fullest extent permissible by the law. The use of our Website and services, including without limitation any services provided on any third-party Website, are entirely at your own risk.. LIMITATION OF LIABILITY - TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ACCEPT NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) OUR WEBSITE OR THE USE OF OR RELIANCE UPON ANY FORMULAS, TOOLS OR TEMPLATES INCLUDED IN OUR MATERIALS OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. IF YOU ARE DISSATISFIED WITH OUR PLATFORM, ANY MATERIALS, PRODUCTS OR SERVICES, OR WITH ANY OF OUR PLATFORM’S TERMS OF SERVICE, YOUR REMEDIES SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN PURCHASES TO SPACE THAT INSPIRES FOR THE SERVICES IN THE THEN-PRIOR TWO MONTHS.Confidentiality - Except to the extent required by law, any legal or regulatory authority of competent jurisdiction or, with the prior written consent of the other Party. No party shall use or disclose to any third party such information belonging to the other Party. This paragraph shall survive the termination of this Terms of Service. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.In the event of your failure to comply with the terms contained in this Terms of Service, our Privacy Policy or Cookies Policy, we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services. The terms in these Terms of Service survive the usage of the Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Service continue to apply post-use and termination.
This Terms of Service was published on 18th January 2024.
WE HEREBY SPECIFICALLY DRAW YOUR ATTENTION TO CLAUSE 11(M), CLAUSE 3(B) AND CLAUSE 3(J)OVERVIEW AND INTRODUCTION
We are Space That Inspires Limited, (Hereinafter referred to as “Space That Inspires” “we” “our platform” and “us”) a company registered in the United Kingdom. Regarding any issue related and connected to this Terms of Service, we can be contacted at the information contained in our Contact Us page. We will endeavour to respond to your email timeously. Please be informed that we can only give clarifications and explanations when contacted. We are not able to provide legal advice. By using our Website, services and Platform, You agree to be bound by this Terms of Service, our Privacy Policy and our Cookies Policy In addition to these, You agree to be bound to additional policies applicable to any of our services, its functionality and contents. These terms are incorporated by reference.These Terms of Service govern and regulate your use of our Platform and services, by using our Platform, you consent to these terms and are bound by them. Please kindly read these terms carefully. These Terms override any previous communication or agreement with Space That Inspires in relation to any of our services and Platform.
DEFINITIONS AND INTERPRETATIONS.
As used in this Terms of Service, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:Agreement or Contract - means your contract for the use of our Services and/or the use of our Website. As regarding your use of Our Services, more details are provided in Clause 3;Account - means a registered profile needed for access and use of our Services, please see Clause 4 for more details.Bookings - means a request for our consultancy Services. Dashboard or Account Page - A page on our Website where Users can control some of their activities on our Website.E-books - means a digital material on our platform that centres around or is related and connected to architecture or building matters.Our Content - includes those contents provided to Users by Us, which is related to or connected with our products, services and activities on our Platform. Payment - includes any monies paid to us by any User in respect of products and services made available on or delivered through our Platform. Party - means either User as defined in 2(r) or Space That Inspires as defined in 2(o).Parties - means both Users defined in 2(r) and Space That Inspires as defined in 2(o).Platform - Includes all avenues in which our services can be accessed and used. This includes but is not limited to https://www.spacethatinspires.co.uk/, and any of our Services, etc.Registered Users - Users that have registered an account on our Platform. Services - includes anything related to and connected with Space that Inspires including our consultancy Services, E-books and any other services available on our Platform. Session or Sessions: means a consultancy session paid for by a Client which has been booked on our Platform Session Fees - means such amount paid for a Session.Space that Inspires or We - means Space that inspires Limited, a company registered and located in the United Kingdom which can be contacted on our Contact Page. Client or Clients - includes User who purchases a product or a Service on our PlatformTerms of Service - means this “Terms of Service” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by Space That Inspires in accordance with the provisions of this Terms of ServiceUser or Users - any User of our Platform including but not limited to Website Visitors, Clients, Registered User(s) or any person using our Services or Platform for whatsoever reason. User Content - means any content provided by the persons who fall under the category in 2(o) above.Website or Platform - https://www.spacethatinspires.co.uk/ and all of our services.You or Your - means the same thing as “User” as described in 2(o)2.1 References. Any reference to a statutory provision shall be construed as a reference to: Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;All statutory instruments or orders made pursuant thereto; andAny statutory provisions of which that statutory provision is a re-enactment or modification.Any reference to a document or this Terms of Service shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Service but excluding any amendment replacement, notation or supplement made in breach of this Terms of Service.Any reference to a party, (who can either be Users or Space That Inspires collectively and individually) to this Terms of Service includes a reference to that Party’s successors and permitted assigns.Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Service or used in the interpretation of any Article hereof.Words denoting the singular shall include the plural and vice versa.Words denoting persons shall include corporations, partnerships, sole traders firms and organisations and vice versa.Words denoting any gender shall include all genders.
OUR SERVICES AND THE USE OF OUR PLATFORM.
Space That Inspires is an online architecture consultancy providing architectural advice and e-books materials to consumers based on previous professional experience and in accordance with English planning laws and frameworks.
THE RESPONSES GIVEN BY US IN OUR SESSIONS ARE THE INFORMED OPINIONS OF SENIOR PROFESSIONALS IN THE DESIGN AND CONSTRUCTION INDUSTRY, THEY ARE BASED UPON INFORMATION PROVIDED REMOTELY BY THE CLIENT AND INFORMATION WHICH IS AVAILABLE ONLINE. WE ARE ONLY A VIRTUAL CONSULTANCY PLATFORM. THE DESIGNS AND ADVICE DO NOT CONSTITUTE ACCURATE PLANS OR ARCHITECTURE ADVICE, AND ANYONE WISHING TO MOVE FORWARD WITH A BUILDING PROJECT MUST FOLLOW THE CORRECT PROCEDURES, WHICH CAN BE ADVISED AT THE TIME OF THE CONSULTATION. WE TAKE NO RESPONSIBILITY FOR ANY ADVICE OR DESIGNS PROVIDED ONLINE, THESE ARE PROVIDED FOR INSPIRATION AND GUIDELINES ONLY.
To access our services, you must have an account and must have either purchased an e-book or made a Booking.It is Your responsibility to read the information on the relevant webpage in order to make an informed personal decision about whether to purchase an e-book or not. As a Client, you are responsible for making a decision regarding the suitability of any of our Services you choose to purchase. You acknowledge that the Website is an evolving one and that the form and nature of the Website, including the Services, may change from time to time. We will take all reasonable steps to ensure that access to our Services is available at all times. We will inform you if we need to carry out an upgrade or restrict access to our services for a period of time for maintenance purposes. You agree that we do not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Website.If you have any questions or complaints regarding Our Service, you can reach us through the information contained in our Contact Us Page. You warrant that you will not record or reproduce the dissemination of the consultancy session in any way without our written permission.
YOU HEREBY AGREE THAT NEITHER OUR SERVICE, OUR WEBSITE, NOR ANY PART OF OUR WEBSITE CONSTITUTES ADVICE OR SUGGESTION. THEY ARE JUST GENERAL INFORMATION PUT OUT FOR INFORMATION PURPOSES ONLY.
We make no representation, warranty, or guarantee that our Website or Service will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We will take reasonable steps to ensure that our Content and Service is functional and that it works; however , we do not make any express or implied warranty, guarantee or representation that it will be functional and up to date. We are not responsible for any user content and those content do not reflect our opinion or values. Users are only allowed to use our Service in a legal and fair way. Usage should only be in a manner that protects our intellectual property and our commercial interests.Users warrant that our Services will not be used for any manner that:insinuates or portrays association or connection with us including but not limited to the use of our logo, trademark or name without our expressly written permission. is connected to explicit contents, illegal contents, discriminatory or hate contents.promotes violence;facilitates illegal or criminal activities;infringes on the privacy and/or rights of another person;You agree to not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website. You agree that you will not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website, or attack our Website by any means.You must not engage in activities that are detrimental to our Website or its functionality. You shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other User’s Content, reverse engineer or take apart our Services or Website.By using our Services, you agree to indemnify, hold harmless and defendSpace that Inspires and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) use and/or misuse of the Website, including without limitation any information, Content and/or materials thereon; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) misstatements and/or misrepresentations; (h) use of links to third party websites, including without limitation such websites' availability, Terms of Service, privacy policy, information, Content, materials, advertising, products and/or services; (i) User information and any acts or omissions with respect to such User information; (k) use of third-party payment processing services; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by Us in the defence of such claims. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not in any event, settle any claim or matter on our behalf without our written consent.We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform. Access to the Website is on an “as available” basis. We may amend, suspend or discontinue our Website (or any part of it) at any time and without prior notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period. We do not warrant that the Website or any of its functions will be uninterrupted or error-free or that defects will be corrected, or that any part of this Website or the server that makes it available are free of viruses or other harmful components.
USING OUR WEBSITE, YOUR ACCOUNT AND SECURITY OF YOUR ACCOUNT
We give to all our Users a limited, non-exclusive, non-transferable, and revocable license (“the License”) to use our Platform and services. However, this right of use is subject to this Terms of Service and the following restrictions:Users in the United Kingdom or the European Economic Area (EEA) must be 18 years old to use our Platform and services. For minors outside the EEA who are between the age of 13 and 18, the use of our Platform or any of our services must be through the use of an account owned and operated by a parent or legal guardian. The parent must also provide affirmative consent and supervise the use of their account. Users are solely responsible for any use of their account by a minor. By using our Platform, you hereby confirm that you are of the required age as stated in 4(a). A breach of this term constitutes a fundamental breach of this Terms of Service. To use our Services, you need to have opened an account with us when you are making an Order.We collect selected information when registering an account with us. The safety and protection of your information are managed in accordance with our Privacy Policy. You are obligated to provide accurate and complete information when registering an account on our Website or when interacting with us through any means whatsoever. It is your responsibility to provide accurate information to us at all times. You must ensure that your account is updated and accurate at all times. You are responsible for your account. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to [contact@spacethatinspires.co.uk]. Space that inspires is not liable for any loss or damages from any unauthorised use of your account by another person. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.As a User, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other Users.You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties. Should your account be banned by Us, you are not entitled to create a new account to access the Website.We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Website. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Website.Users can delete their account and thereby permanently terminate their access to our Services by sending us an email at [contact@spacethatinspires.co.uk]. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our privacy policy for more information. You agree that we are not responsible for any loss or damages arising from the failure to comply with clause 4(a) - 4(x) above. We may terminate, suspend or take any action against your account for violation of any Terms of Use. You are obligated to provide accurate and complete information when registering an account on our Platform or when interacting with us through any means whatsoever (including but not limited to entering into a purchase transaction, downloading a course PDF, completing a website contact form or through email). It is your responsibility to provide accurate information to us at all times. If, as a User, you make a purchase from us, you must ensure that your account is updated and accurate at all times. You are responsible for your account. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to [contact@spacethatspires.co.uk]. Space That Inspires is not liable for any loss or damages from any unauthorised use of your Account by another person. To use certain parts of our Platform, you will be required to login with your email and password. The information you enter is protected in line with our Privacy Policy. You warrant that the email selected for registration is not offensive.You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.As a User, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other Users.Users who have purchased a product from us can delete their account and thereby permanently terminate their access to these products by using the delete function in the User Profile area within the Members Area of the website. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our privacy policy for more information. As a User you must refrain from carrying out criminal activities, violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Service and all our other policies. You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties. Should your account be banned by Us you are not entitled to create a new account to access the Website.We are not responsible for any loss or damages arising from the failure to comply with clause 4(a) - 4(x) above. We may terminate, suspend or take any action against your account for violation of any Terms of Service.
HOW YOUR ORDER CONTRACT IS FORMED BETWEEN YOU AND US.5.1 After creating an account with us, you can continue by making an order. You will be guided through this process on our Website and You will be allowed to review and amend your Order at checkout. It is your responsibility to ensure that you check the Order details so please check it carefully before you complete your Order. 5.2
BOOKINGS ORDERS.
When you place a Booking Order for a session with Us, you will receive a confirmation of Order email. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to purchase our Service. All orders are subject to availability and acceptance by us. We reserve the right to reject any Order for any reason we deem fit. The order rejection notice will be communicated to you.Our booking confirmation will include details of your bookings, the booking fees, including VAT and other miscellaneous fees disclosed to you at the checkout point, the date and time of your appointment, the steps to follow for your appointments and the document to provide, a link for the consultancy service and other miscellaneous information needed to carry out the consultancy services to you.Please note that no Part of our Service, Website or Content is contractually capable of accepting your Order offer. Therefore our acceptance will be with a Confirmation notice which will be sent to you by email. Please note that your Order will not be processed until payment for the Order has been received in full in the manner stipulated in Clause 65.3
E-BOOK ORDERS.When you place an Order for an E-Book on our Platform, you will receive a confirmation of order email. The downloadable e-book will be made available to you immediately after payment has been made. Please note that your Order will not be processed until payment for the Order has been received in full in the manner stipulated in Clause 6By purchasing an e-book you are expressly requesting that you wish access to the e-book to be made available to you immediately (you will be required to acknowledge this at checkout). As a consumer, this will result in your right to cancel during the "cooling-off' period being lost. Please be aware that We do not offer any e-book services that do not begin immediately. For more details of your rights as a Consumer, please kindly see Clause 7.
PAYMENT PROVISIONS.
Payment shall be made by You using the mediums and payment channels stipulated on our Platform. Our Payment medium includes but is not limited to Paypal. Please note that unless a payment channel is available on our Platform, they are not acceptable to us. Please note that the use of any payment medium might attract extra charges from the payment provider, this will be communicated to you before the payment medium is used. You will pay for such additional charges. Data registered and saved by Us act as proof of Order and of all transactions done.Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount of your Order.We reserve the right to modify the prices at all times but the prices invoiced to You are those applicable on the date of the Order. It is always possible that, despite our best efforts, some of the services and e-books listed on our website may be incorrectly priced. We will normally verify prices prior to acceptance so that, where a service or e-book correct price is less than our stated price, we will charge the lower amount. You agree that if a service or e-book’s correct price is higher than the price stated on our Platform, we will normally, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection.You hereby also agree that We are under no obligation to provide the service or e-book to you at the incorrect (lower) price, even after we have sent you a confirmation notice if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.There are circumstances where we offer rewards, discounts or promotion codes. Please note that discounts are subject to the provisions of Clause 9If you become aware of fraudulent use of your payment information on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with the applicable reporting rules.
CANCELLATION AND YOUR RIGHTS AS A CONSUMER.
7.1 BOOKING ORDERS.Your Booking Order can be cancelled within 14 days of the confirmation date and a full refund (net of any defrayed, non-refundable expenses incurred) will be made to your original medium of Payment. If the period between performance and the Booking date is less than 14 days, then the Booking order can only be cancelled if such cancellation is made 48 hours before the Session. In case of any cancellation request after 48 hours, you are still liable to us for the entire Session Fees. Regardless of the Cancellation, unless it is in line with the provisions set out in this 7.1, we are entitled to receiving the entire Session Fees. Sessions may only be cancelled by you in accordance with Clause 5. If you fail to attend all or part of any Session, you are still liable to us for the entire Session Fees. 7.2
E-BOOK ORDERS.You agree that our e-books are digital contents and by taking the delivery of them immediately at purchase, you have waived your right to the 14 days cooling off period.
SPACE THAT INSPIRES’ UNDERTAKINGS, RIGHTS AND OBLIGATIONS.
In no event shall Space That Inspires be liable to any user of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorised access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.As a Consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Service. These are that (i) any services provided by us must be provided with reasonable care and skill and in compliance with information provided by IJs. If We fail to do so, you may be entitled to require Us to re-perform or fix the problem or, if We cannot provide such a remedy, you may be entitled to a full or partial refund.
DISCOUNTS
From time to time, we may offer “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Website, subject to certain exclusions or any other restrictions as may be determined and communicated by us.Only valid offer codes provided or promoted by Us will be honoured at checkout. Codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per Order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The value of any offer code will not be refunded or credited back if any part of our Service is unavailable. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
INTELLECTUAL PROPERTY MATTERS.
Space that Inspires’ Intellectual Property – Our Content, Service, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, trademark and all other available protections under the Laws of England and WalesAll intellectual property rights in or arising out of or in connection with the Services and E-books, including any associated materials and are owned by us. No reproductions, scans or copies (wholly or in part) shall be made of the e-books and services without our prior written consent. By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our Platform unless you get written permission from us.We have the right and discretion to limit or revoke this limited license to use.
Users’ Intellectual Property - You grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right to use of content to Space That Inspires who can exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. The foregoing grant shall include the right to exploit any proprietary rights in such submission or posting, including but not limited to rights under copyright and trademark under any relevant jurisdiction. Also, in conjunction with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name as we deem appropriate.Space that inspires is hereby granted the right to edit, amend, make changes, translate, format or even delete any Users’ Content as it deems necessary and appropriate. You covenant, represent and warrant that they have the right and licence to confer the rights in 9(e) and 9(f) on Space that inspires. You also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights. As a User, you further warrant that Space that Inspires is not required to obtain any license, consent, make any payment or obtain any permission from any third party to use any of your Content on our Platform. You agree that Space that Inspires does not have any liability for the use of any of your content.
MISCELLANEOUS PROVISIONS.
Unsolicited Idea – You agree that all unsolicited comments and advice are non-confidential and non -proprietary and they form part of your Content. An irrevocable, worldwide, transferable and royalty-free license to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to Space that Inspires. Severability - In the event that any provision of this Terms of Service is held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid with the invalid and unenforceable parts severed from the remainder of this Terms of Service. Amendment - We may update these Terms of Service from time to time by publishing a new version on our Website. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Service. At our discretion we may notify you of changes to this policy by email or through email or any other choice of communications as set by you. Notices - Unless otherwise stated in this Terms of Service or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. For Space That Inspires, the applicable email address is contact@spacethatinspires.co.uk unless another email address is provided on the relevant page on our Platform or this Terms of Service. For a User, the email address will be the email address provided when registering for an account or contacting us. Waiver - No single or partial exercise of a right or remedy provided by this Terms of Service or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Service does not constitute a waiver of a subsequent or prior breach of this Terms of Service. Relationship Of The Parties - This Terms of Service is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Service. Nothing in this Terms of Service or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Service or any legal entity between the Users and Space That Inspires or any ongoing or continuing relationship or commitment between the Users of Space That Inspires, other than as specifically set out in this Terms of Service. Indemnity – You agree to indemnify and hold harmless Space That Inspires, its successors and assigns, from and against all losses, costs and other damage caused by you, his/her profile or any activity that is related or connected to the use of our Platform. Governing Law - This Terms of Service, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales. Dispute Resolution - Notwithstanding the provisions of 9(j) for any and all grievances, disputes, claims, or controversies you may have against Space That Inspires (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to contact@spacethatinspires.co.uk with the subject “Dispute Notice”. The email should contain your name, your email address as registered on your account (if you have no account, please state that), a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance to (j). Subject to 9(i), the parties agree that any dispute arising out of or in connection with this Terms of Service or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.Class Action Waiver – The Parties agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither Party will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either Party acts or proposes to act in a representative capacity. The Parties further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the Parties, and all other parties to any such proceeding.Warranty - We have no fiduciary duty to You. Our Website, services, Content, User Content, and any other related materials are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. This no warranty includes but is not limited to implied warranties of merchantability, quality or fitness for a particular purpose, non-infringement or Course of performance. This no-warranty clause is exercisable to the fullest extent permissible by the law. The use of our Website and services, including without limitation any services provided on any third-party Website, are entirely at your own risk.. LIMITATION OF LIABILITY - TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ACCEPT NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) OUR WEBSITE OR THE USE OF OR RELIANCE UPON ANY FORMULAS, TOOLS OR TEMPLATES INCLUDED IN OUR MATERIALS OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. IF YOU ARE DISSATISFIED WITH OUR PLATFORM, ANY MATERIALS, PRODUCTS OR SERVICES, OR WITH ANY OF OUR PLATFORM’S TERMS OF SERVICE, YOUR REMEDIES SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN PURCHASES TO SPACE THAT INSPIRES FOR THE SERVICES IN THE THEN-PRIOR TWO MONTHS.Confidentiality - Except to the extent required by law, any legal or regulatory authority of competent jurisdiction or, with the prior written consent of the other Party. No party shall use or disclose to any third party such information belonging to the other Party. This paragraph shall survive the termination of this Terms of Service. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.In the event of your failure to comply with the terms contained in this Terms of Service, our Privacy Policy or Cookies Policy, we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services. The terms in these Terms of Service survive the usage of the Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Service continue to apply post-use and termination.